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The canon law of the Catholic Church has all the ordinary elements of a mature legal system: laws, courts, lawyers, judges. [8] The canon law of the Catholic Church is articulated in the legal code for the Latin Church [9] as well as a code for the Eastern Catholic Churches. [9]
Canon law (from Ancient Greek: κανών, kanon, a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members.
Catholic canon law is the set of rules and principles (laws) by which the Catholic Church is governed, through enforcement by governmental authorities. [ clarification needed ] [ citation needed ] Law is also the field which concerns the creation and administration of laws.
In 1917, the Catholic Church published the 1917 Code of Canon Law which applied to the Latin Church. In 1983, it published the a new Code of Canon Law for the Latin Church which replaced the 1917 Code of Canon Law. During the reign of Pius XII, numerous canons for the Eastern Catholic Churches were published.
There are many legal abbreviations commonly used by canonists in the canon law of the Catholic Church. However, there is no single system of uniform citation, and so individual publishers and even the standard authors sometimes diverge on usage. This page includes citations, even if duplicative, commonly used in canonical scholarship and doctrine.
When a law is stated in general terms, it is presumed that no exception was intended; that is, if the general law states no exception, interpreters may not distinguish specific cases. Regarding all interpretations, however, that signification of the words in question is to be preferred that favors equity rather than strict justice .
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church , the jurisprudence of canon law was founded by Gratian in the 1140s with his Decretum . [ 1 ]
Subreption in Catholic Canon law is "a concealment of the pertinent facts in a petition, as for dispensation or favor, that in certain cases nullifies the grant", [3] "the obtainment of a dispensation or gift by concealment of the truth". [2] The terms are also used in the same senses as in Catholic canon law in Scots law. [2]